Art.

26 THE FAMILY CODE OF THE PHILIPPINES

In the case of Recto v. Harden (100 Phil. 427 [1956]), the

Supreme Court considered the absolute divorce between the
American husband and his American wife as valid and binding Chapter 2
in the Philippines on the theory that their status and capacity
are governed by their National Law, namely, American law. MARRIAGES EXEMPT FROM THE LICENSE
There is no decision yet of the Supreme Court regarding the
validity of such a divorce if one of the parties, say an American, REQUIREMENT
is married to a Filipino wife, for then two different nationalities
would be involved.
In the book of Dr. Jovito Salonga entitled Private Rule under the Old Law
International Law and precisely because of the National Law
doctrine, he considers the absolute divorce as valid insofar as Under the old marriage law (i.e., before the Civil Code),
T>
the American husband is concerned but void insofar as the there were two more marriages of exceptional character that
Filipino wife is involved. This results in what he calls a "socially were allowed, namely:
grotesque situation," where a Filipino woman is still married to (a) Marriage during a religious revival, provided that
a man who is no longer her husband. It is the opinion however, the parties had already been living together as
of the undersigned that very likely the opposite expresses the husband and wife for two years.
correct view. While under the national law of the husband the
absolute divorce will be valid, still one of the exceptions to the (b) Marriage between new converts to the Christian
application of the proper foreign law (one of the exceptions to religion, provided they were baptized not more than
comity) is when the foreign law will work an injustice or injury five years prior to the marriage ceremony. (Sees. 22,
to the people or residents of the forum. Consequently, since 24, Act 3613T
to recognize the absolute divorce as valid on the part of the
a ÿ-
(NOTE: These two kinds of marriages were eliminated
husband would be injurious or prejudicial to the Filipino wife
whose marriage would be still valid under her national law, it in the Civil Code. Said marriages and some others were also
would seem that under our law existing before the new Family eliminated in the Family Code.)
Code (which took effect on Aug. 3, 1988) the divorce should
be considered void both with respect to the American husband
and the Filipino wife. Art. 27. In case either or both of the contracting parties
are at the point of death, the marriage may be solemnized
The case of Van Dorn v. Romillo, Jr. (139 SCRA [1985]) without the necessity of a marriage license and shall remain
cannot apply despite the fact that the husband was an American
valid even if the ailing party subsequently survives. (72a)
with a Filipino wife because in said case the validity of the
divorce insofar as the Filipino wife is concerned was NEVER
put in issue.
COMMENT:
When r*
*

A marriage remains valid even without need of a new

marriage ceremony if the ailing party survives. (See Soriano
\ v. Felix, L-9005, June 20, 1958)

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